[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66453-66454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25484]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0279; Airspace Docket No. 21-AGL-13]
RIN 2120-AA66


Amendment of V-36 and V-316, and Revocation of V-180 Due to 
Planned Decommissioning of the Elliot Lake and Dryden Non-Directional 
Beacons (NDBs) Ontario, Canada

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal 
airways V-36 and V-316; and revokes VOR Federal airway V-180, in the 
northeastern United States. This action is necessary due to the planned 
decommissioning of the Elliot Lake, Ontario, Canada, NDB and the 
Dryden, Ontario, Canada, NDB. Both NDBs are being decommissioned as 
part of NAV CANADA's navigational aid (NAVAID) Modernization Program.

DATES: Effective date 0901 UTC, January 27, 2022. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA JO Order 7400.11 
and publication of conforming amendments.

ADDRESSES: FAA JO Order 7400.11F, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Rules and Regulations Group, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone: (202) 267-8783. FAA JO Order 7400.11F is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of FAA JO Order 7400.11F at NARA, 
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations 
Group, Office of Policy, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority. This rulemaking is promulgated under the authority described 
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, 
the FAA is charged with prescribing regulations to assign the use of 
the airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies the Federal airway structure in the 
northeastern United States to maintain the efficient flow of air 
traffic within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket 
No. FAA-2021-0279, in the Federal Register (86 FR 24803; May 10, 2021) 
amending V-36 and V-316; and revoking V-180. The proposed action 
mirrors the changes planned in Canada's airspace in support of NAV 
CANADA's Navigational Aid Modernization program. Interested parties 
were invited to participate in this rulemaking effort by submitting 
written comments on the proposal. No comments were received.
    Subsequent to the NPRM, the FAA published a rule for Docket No. 
FAA-2020-0496, in the Federal Register (86 FR 62721, November 12, 2021) 
amending V-36 by removing the airway segment between the Buffalo, NY, 
VOR/DME and the Elmira, NY, VOR/DME. That airway amendment, also 
effective January 27, 2022, is included in this rule.
    VOR Federal airways are published in paragraph 6010(a) of FAA JO 
Order 7400.11F, dated August 10, 2021, and effective September 15, 
2021, which is incorporated by reference in 14 CFR 71.1. The airways 
listed in this document will be published subsequently in FAA JO Order 
7400.11.

Differences From the NPRM

    In the NPRM published for Docket No. FAA-2021-0279, the FAA has 
identified an editorial error in describing the proposed amendments to 
V-36. In the proposal section of the NPRM, two separate airway segments 
were proposed to be removed from V-36. The first V-36 airway segment 
proposed for removal was identified correctly, but the second airway 
segment proposed for removal extended beyond what was actually under 
consideration. The proposed airway segment that was identified 
incorrectly was listed as ``between the Sault Ste. Marie, MI, VOR/DME 
and the intersection of the La Guardia, NY, VOR/DME 310[deg] and 
Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix).'' The correct 
proposed airway segment is ``between the Sault Ste. Marie, MI, VOR/DME 
and the intersection of the Wiarton, ON, Canada, VOR/DME 150[deg] 
radial and Toronto, ON, Canada, VOR/DME 304[deg] radial (BIGBE fix).'' 
Although the second V-36 airway segment proposed for removal was 
described in error, the resulting V-36 airway information provided in 
the proposal section, as well as the V-36 description contained in the 
regulatory text section were both described correctly. Therefore, this 
rule identifies the second airway segment being removed from V-36 as 
``between the Sault Ste. Marie, MI, VOR/DME and the intersection of the 
Wiarton, ON, Canada, VOR/DME 150[deg] radial and Toronto, ON, Canada, 
VOR/DME 304[deg] radial (BIGBE fix)'' and retains the V-36 description 
in the regulatory text section as was proposed.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA JO Order 7400.11F, Airspace Designations 
and Reporting Points, dated August 10, 2021, and effective September 
15, 2021. FAA JO Order 7400.11F is publicly available as listed in the 
ADDRESSES section of this document. FAA JO Order 7400.11F lists Class 
A, B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending VOR Federal airways 
V-36 and V-316, and revoking VOR Federal airway V-180. The planned 
decommissioning of both the Elliot Lake, ON, Canada, NDB and the 
Dryden, ON, Canada, NDB by NAV CANADA has made this action necessary.

[[Page 66454]]

    The VOR Federal airway amendments and revocation are described 
below.
    V-36: V-36 extends between the Thunder Bay, ON, Canada, VOR/DME and 
the intersection of the Wiarton, ON, Canada, VOR/DME 150[deg] radial 
and Toronto, ON, Canada, VOR/DME 304[deg] radial (BIGBE fix); and 
between the Elmira, NY, VOR/DME and the intersection of the La Guardia, 
NY, VOR/DME 310[deg] and Stillwater, NJ, VOR/DME 043[deg] radials 
(NEION fix). The airspace within Canada is excluded. This action 
removes the airway segment between the Thunder Bay, ON, Canada, VOR/DME 
and Wawa, ON, Canada, VOR/DME; and the airway segment between the Sault 
Ste. Marie, MI, VOR/DME and the intersection of the Wiarton, ON, 
Canada, VOR/DME 150[deg] radial and Toronto, ON, Canada, VOR/DME 
304[deg] radial (BIGBE fix). The resulting airway extends between the 
Wawa, ON, Canada, VOR/DME and the Sault Ste. Marie, MI, VOR/DME; and 
between the Elmira, NY, VOR/DME and the intersection of the La Guardia, 
NY, VOR/DME 310[deg] and Stillwater, NJ, VOR/DME 043[deg] radials 
(NEION fix). The airspace within Canada remains excluded.
    V-316: V-316 currently extends between the Ironwood, MI, VOR/DME 
and the Sawyer, MI, VOR/DME; and between the Sault Ste. Marie, MI, VOR/
DME and the Sudbury, ON, Canada, VOR/DME. The airspace in Canada is 
excluded. This action removes the airway segment between the Sault Ste. 
Marie, MI, VOR/DME and the Sudbury, ON, Canada, VOR/DME, and the 
exclusionary language. The resulting airway extends between the 
Ironwood, MI, VOR/DME and the Sawyer, MI, VOR/DME.
    V-180: V-180 currently extends between the International Falls, MN, 
VOR/DME and the Dryden, ON, Canada, NDB. The airspace within Canada is 
excluded. The airway is revoked in its entirety.
    All radials in the VOR Federal airway descriptions below are 
unchanged and stated in True degrees.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points, 
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
It, therefore: (1) Is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under 
Department of Transportation (DOT) Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation 
of a regulatory evaluation as the anticipated impact is so minimal. 
Since this is a routine matter that will only affect air traffic 
procedures and air navigation, it is certified that this rule, when 
promulgated, will not have a significant economic impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending VOR Federal 
airways V-36 and V-316; and revoking VOR Federal airway V-180, to 
mirror changes being made by NAV CANADA in Canadian airspace in support 
of their Navigational Aid Modernization program, qualifies for 
categorical exclusion under the National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part 
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: 
Policies and Procedures, paragraph 5-6.5a, which categorically excludes 
from further environmental impact review rulemaking actions that 
designate or modify classes of airspace areas, airways, routes, and 
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, 
and E Airspace Areas; Air Traffic Service Routes; and Reporting 
Points). As such, this action is not expected to result in any 
potentially significant environmental impacts. In accordance with FAA 
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the 
FAA has reviewed this action for factors and circumstances in which a 
normally categorically excluded action may have a significant 
environmental impact requiring further analysis. The FAA has determined 
that no extraordinary circumstances exist that warrant preparation of 
an environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as 
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA JO Order 
7400.11F, Airspace Designations and Reporting Points, dated August 10, 
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6010(a), Domestic VOR Federal airways.

* * * * *

V-36 [Amended]

    From Wawa, ON, Canada; to Sault Ste. Marie, MI. From Elmira, NY; 
INT Elmira 110[deg] and LaGuardia, NY, 310[deg] radials; to INT 
LaGuardia 310[deg] and Stillwater, NJ, 043[deg] radials.
    The airspace within Canada is excluded.
* * * * *

V-180 [Removed]

* * * * *

V-316 [Amended]

    From Ironwood, MI; to Sawyer, MI.
* * * * *

    Issued in Washington, DC, on November 16, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-25484 Filed 11-22-21; 8:45 am]
BILLING CODE 4910-13-P